IBRAHIM KHAN Vs. NAGOJI

JUDGEMENT

(1.) THE plaint in the present case out of which this second appeal arises was filed on 11th November 1925 in the Court of Subordinate Judge, 1st Class, Basim. It is of the briefest kind imaginable and states that the field in dispute is the ancestral property of the plaintiff, that he is the present certificate-holder thereof, that the defendants who are in possession of the field are only annual tenants and that because, they asserted their title as owners some 1? months ago it became necessary for the plaintiff to file the present suit for a declaration that the defendants were not the owners but mere annual tenants of the field in dispute.

(2.) THE defendants resisted the claim on the ground that the field had been in possession of their family since over 100 years and long before the Government made a grant of it to the plaintiff's family, and that they had acquired rights of permanent tenants in the field. They further stated that at the Record-of-Rights enquiry in 1914 and later on in 1919 the revenue authorities had rejected the plaintiff's contention and had recognized their status as that of permanent tenants, and had referred the plaintiff, if he was aggrieved, to have the question of title settled by the civil Courts. It was, therefore, contended that since a hostile title was asserted by them as far back as the years 1914 and 1919 and not 1? months ago, as alleged by the plaintiff in the plaint, the present suit for declaration was barred by time.

(3.) BOTH the Courts below have held on the facts above stated, that the present suit was governed by Article 120, Limitation Schedule and was barred, having admittedly been filed more than six years after the passing of the last order of the revenue authorities dated 29th June 1919.